Utah Code 76-8-311.3. Establishment of prohibited item policy in a correctional or mental health facility — Reference to penalty provisions — Exceptions — Rulemaking
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Terms Used In Utah Code 76-8-311.3
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
- Dangerous weapon: means :(7)(a) any item capable of causing death or serious bodily injury; or(7)(b) a facsimile or representation of the item, if:(7)(b)(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or(7)(b)(ii) the actor represents to the victim verbally or in any other manner that the actor is in control of such an item. See Utah Code 76-1-101.5
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) As used in this section:(1)(a)(i) “Communication device” means a device designed to receive or transmit an image, text message, email, video, location information, or voice communication, or another device that can be used to communicate electronically.(1)(a)(ii) “Controlled substance” means a substance defined as a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act.(1)(a)(iii) “Correctional facility” means:(1)(a)(iii)(A) a facility operated by or contracting with the Department of Corrections to house an offender in either a secure or nonsecure setting;(1)(a)(iii)(B) a facility operated by a municipality or a county to house or detain an offender;(1)(a)(iii)(C) a juvenile detention facility; or(1)(a)(iii)(D) a building or grounds appurtenant to a facility or land granted to the state, municipality, or county for use as a correctional facility.(1)(a)(iv) “Dangerous weapon” means the same as that term is defined in Section76-10-501 .(1)(a)(v) “Electronic cigarette product” means the same as that term is defined in Section76-10-101 .(1)(a)(vi) “Firearm” means the same as that term is defined in Section76-10-501 .(1)(a)(vii) “Medicine” means a prescription drug as defined in Title 58, Chapter 17b, Pharmacy Practice Act, but does not include a controlled substance as defined in Title 58, Chapter 37, Utah Controlled Substances Act.(1)(a)(viii) “Mental health facility” means the same as that term is defined in Section26B-5-301 .(1)(a)(ix) “Nicotine product” means the same as that term is defined in Section76-10-101 .(1)(a)(x) “Offender” means an individual in custody at a correctional facility.(1)(a)(xi) “Secure area” means the same as that term is defined in Section76-8-311.1 .(1)(a)(xii) “Tobacco product” means the same as that term is defined in Section76-10-101 .(1)(b) Terms defined in Sections76-1-101.5 and76-8-101 apply to this section.(2)(2)(a) Notwithstanding Section76-10-500 , a correctional facility or mental health facility may prohibit a firearm, ammunition, a dangerous weapon, an implement of escape, an explosive, a controlled substance, spirituous or fermented liquor, medicine, or poison from being:(2)(a)(i) transported to or within a correctional facility or mental health facility;(2)(a)(ii) sold or given away to an offender at a correctional facility or mental health facility; or(2)(a)(iii) possessed by an offender or another individual at a correctional facility or mental health facility.(2)(b) A correctional facility may prohibit a communication device from being:(2)(b)(i) transported within the correctional facility for the purpose of being sold to an offender in the correctional facility;(2)(b)(ii) sold or given away to an offender in the correctional facility; or(2)(b)(iii) possessed by an offender or another individual at the correctional facility.(3) It is a defense to a prosecution related to this section that the actor, in committing the act made criminal by this section with respect to:(3)(a) a correctional facility operated by the Department of Corrections, acted in conformity with departmental rule or policy;(3)(b) a correctional facility operated by a municipality, acted in conformity with the policy of the municipality;(3)(c) a correctional facility operated by a county, acted in conformity with the policy of the county; or(3)(d) a mental health facility, acted in conformity with the policy of the mental health facility.(4)(4)(a) Except as provided by Subsection (4)(b) or (4)(c), an actor may be charged under Section76-8-311.4 ,76-8-311.6 ,76-8-311.7 ,76-8-311.8 ,76-8-311.9 ,76-8-311.10 , or76-8-311.11 for a violation of a policy or rule created under this section.(4)(b) An actor who knowingly or intentionally transports, possesses, distributes, or sells an explosive in a correctional facility or a mental health facility may be punished under Section76-10-306 .(4)(c) The possession, distribution, or use of a controlled substance at a correctional facility or in a secure area of a mental health facility shall be charged under Title 58, Chapter 37, Utah Controlled Substances Act. - Land: includes :